“She told us everything” is not dying declaration instead witness must depose what exactly deceased told him/her

N.I Act: Knowledge of Power of Attorney of an individual payee must be specifically stated and in the case of company being a payee the authorised person who has knowledge would be sufficient

Part departure in chief-examination is not necessary to declare the entire witness as hostile

Bail in complaint cases is mandatory

Preliminary Enquiry: There is no provision for a preliminary enquiry under Section 13 or Section 17 of the PC Act only Lalita Kumari case headed it

Section 204 Cr.P.C: No need to issue summons first; the accused’s attendance can best be secured at the court’s discretion by issuing a bailable or non-bailable warrant

Anticipatory Bail cannot be granted against NBW

Acquittal: Without establishing circumstantial evidence mere recovery of wheel spanner at the SOC with the accused finger prints on it would not be enough to hold the accused guilty

N.I Act: Certain documents were suppressed in the statement on oath and made out a false case

Hon’ble Madras High Court issued guidelines to Family courts to cirumvent the procedural wrangles that are being faced by the parties before the Family court

March’25 Monthly Digest

Constitutional courts are fully empowered to direct for CBI investigation but not on the basis of “ifs” and “buts”